

STATE OF NEW JERSEY. 


An Act to regulate 

Primary Elections 

as amended. 


PRINTED UNDER THE DIRECTION OF THE 
SECRETARY OF STATE. 


Trenton, 1909 


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• 9 












Primary Elections. 


A Further Supplement to an act entitled ^‘An act to regu¬ 
late elections’’ (Revision of 1898), approved April 
fourth, on© thousand eight hundred and ninety-eight. 
Approved April 14, 1903. P. L. 1903, p. 603. P. L. 
1909, chapis. 106, 107. 

1. In addition to the elections for tilling public offices 
that now are or hereafter may be held under the laws of 
this state, there shall also be held primary elections for 
the selection of delegates to conventions of political par¬ 
ties, and for the nomination of candidates for certain 
public offices, as hereinafter provided, all candidates of 
political parties for the following offices, to wit: Presi¬ 
dential electors, governor, members of congress, members 
of the general assembly, members of the state senate, 
county clerk, surrogate, register of deeds, sheriff, county 
supervisor, coroner, mayor, and for all elective offices in 
the state and in the cities, towns or other municipalities 
in this state to be voted for at the general election for 
members of assembly by the voters of more than one ward 
or township, shall be nominated at conventions composed 
of delegates chosen at primary elections held pursuant to 
this act; all candidates of political parties for office to be 
voted for at the general election for members of assembly 
by the voters of a single ward or township shall be notni- 
nated directly, without the intervention of delegates or 
conventions, at primary elections held pursuant to this 
act; provided, that in cases where a single ward or town¬ 
ship shall constitute an assembly district candidates for 
member of the assembly from such district shall be nomi¬ 
nated at conventions composed of delegates chosen at 
primary elections held pursuant to this act. 


Selection of 
delegates at 
primaries. 
[Amended, 
P. L. 1906, 
p. 503.] 


For what 
offices. 


If candidate 
in one ward 
or township. 


Proviso. 





4 


General 

plan. 

[Amended, 
P. L. 1909, 
Chap. 107.] 


Registry 

days. 


Municipal 
clerk to pre¬ 
pare primary 
ballots. 


Petition 

endorsing 

candidate. 


2. The general scheme and purpose of this act shall be 
as follows: The said primary elections shall hereafter 
be conducted at public expense ; such primary elections 
for all political parties shall be held at the same time and 
place; the time shall be the first registry day, as herein¬ 
after fixed, and the places shall be the places of holding 
the said registry in the fall of each year; and said pri¬ 
mary elections shall be conducted by the boards of regis¬ 
try and election in a manner hereinafter provided, from 
one o’clock until nine o’clock P. M., and substantially as 
general elections for members of assembly are now. con¬ 
ducted, with official ballots, ballot-boxes, registry lists and 
polling booths. The first registry day in cities having a 
population exceeding thirty thousand shall be held on the 
fourth Tuesday of September in each year, except that 
in each year when a governor is to be elected said first 
registry day shall he the second Tuesday in September, 
and in all election districts outside of cities having a 
population exceeding thirty thousand, the said boards of 
registry and election shall sit, for the purposes of this act, 
as primary election boards on the second or fourth Tues¬ 
day of September. Tlie clerk of the city, town, township, 
borough or other municipality, as the case may be, shall 
prepare the primary ballots of all political parties from 
the petition filed in their respective offices as herein pro¬ 
vided. 'Not less than ten (except as hereinafter provided) 
voters of any political party may file with the municipal 
clerk of their municipality a petition endorsing any 
memher of their political party as a candidate for the 
nomination of said party to public office, where such 
nomination is to be made at the primary election, or as 
a candidate for the position of delegate to a political 
convention of said party, where the party nomination is 
to be made by convention, and requesting that the name 
of the person so endorsed be printed upon the official 
primary ballot of such political party. The said munici¬ 
pal clerks shall prepare ofiicial ballots for each political 
party for the said primary elections from the names of 
the persons so endorsed, arranging them alphabetically, 
or in groups, as hereinafter provided. The municipal 



clerk shall also- print upon the official ballot, opposite the 
name of any person endorsed as a candidate for the posi¬ 
tion of delegate, the name of the person who is the choice 
of snch candidate for nomination at the ensuing conven¬ 
tion of his political party, whenever said clerk is re¬ 
quested so to do by said candidate, except as hereinafter 
provided. The ballots sO' prepared for each political 
party shall be the only ballots permitted to be voted at 
the primary elections. At snch primary election the 
voters registered, or who thereupon register for the ensu¬ 
ing general election,- shall be qualified to vote at snch 
primary. Each voter shall request the party ticket he 
desires to vote, and thereupon he shall receive from the 
board of registry and election an official ballot of said 
political party prepared as aforesaid, and no other. The 
voter shall then retire to the voting booth and there pre¬ 
pare his ballot so as to indicate his choice for the candi-’ 
dates of his party to be there nominated, or his choice for 
delegates to the political convention of his political party, 
as the case may be, by erasing all names thereon other 
than those voted for, and shall then deposit’said ballot in 
the ballot-box of his party, unless challenged, and if chal¬ 
lenged, make oath that he is a member of the said politi¬ 
cal party; that at the last election for members of assem¬ 
bly at which he voted he voted for a majority of the 
candidates whose names were printed upon the party 
ticket of the said party, and intends to support the candi¬ 
dates of the said party at the ensuing election. In the 
case of any voter voting for the- first time in this state 
the portion of the said oath or affirmation in reference to 
previous voting shall be dispensed with.' Any voter Avho 
shall be shown by the primary book hereinafter men¬ 
tioned to have voted in the ballot-box of one political 
party at any primary election held under this act shall 
not be allowed to vote in the ballot-box of any other 
political party at the next thereafter succeeding primary 
election. In addition to the registry lists hereinbefore 
provided, there shall also be kept two books or lists, one 
for each political party, which shall be called and labeled 
Kepublican Primary Book, and Democratic Primary 


Who may- 
vote. 


Declare 

party. 


Party pri¬ 
mary books. 




6 


Book, or as the case may be; the board of registry and 
elections shall cause the name of each voter at said pri¬ 
mary to be written in ink, in the primary book of the 
party in whose ballot-box his vote is deposited. Each of 
these primary hooks shall he signed by the members of 
the hoard of registry and elections and delivered by said 
hoard to the clerk of the municipality at the time of the 
delivery of the hallot-hoxes; said primary books shall he 
kept by said clerk until the ensuing primary election, and 
then delivered by him to the board of registry and elec¬ 
tions for use at such ensuing election. At any primary 
election the members of the board conducting the primary 
election for each political party shall refuse to receive 
the vote of any voter offering to vote in the hallot-box of 
their political party, if the name of such voter appears 
in the primary book of the other political party as made 

Books open up at the next previous primary election. The said pri- 

to inspection. hooks shall he kept by the municipal clerk subject 

to public inspection, and any voter whose name appears 
therein may apply to the judge holding the circuit court 
for his county, at any time prior to the next primary 
election, to have his name stricken from said book; and 
said judge shall have power to hear said application in 
a summary way, at such time and upon such notice to 
such persons as he may prescribe, and if satisfied that 
the applying voter’s name has been improperly placed on 
said primary book, said judge may make an order direct¬ 
ing the municipal clerk to erase said name from said 
primary book, and said clerk shall thereupon erase the 
same. 

Political 3. A politicar partv within the meaning of this act 

party and i m i t • i i i i t 

convention shall be a political party which at thei election lor 

members of tlie general assembly next preceding the 
holding of any primary election held pursuant tO' this act 
polled for members of the general ■assembly at least five 
per centum of the total vote cast in the territorial dis¬ 
trict or division in and for which the nominations are 
made or delegates are chosen; the word ^^convention” 
within the meaning of this act shall be a ^^convention of 
delegates” or ^^nominating body of a, political party” as 



defined in section thirty-eight of the act to which tliis 
act isi a further suppleiment. 

4. The official jxfiniiary ballots tO' be used at all pri¬ 
mary elections held pursuant to this act shall be pre^ 
pared in the folloAving manner, to wit, not less than 
ten legal voters of this state, who* are meiinbers. of the 
same political party, and resident in the same election 
district, may prepare and sign, with their names, resi¬ 
dences and post-office addresses, a, petition addressed to 
the clerk of such municipality as may be proper pursuant 
to the requirements of this act, setting forth that the 
signers are qualified voters of the election district in 
which they reside; that they are members of a, political 
party (naming the same), and that at the last election for 
members of the general assembly preceding the exe^ 
cution of said petition they voted for a majority of the 
candidates whose names were printed in the first placet 
upon the ticket of such party, and that the|}^ intend to 
affiliate with said party at the ensuing election; that 
they indorse the person or persons named in their peti¬ 
tion as candidate or candidates for nomination for the 
office or offices therein named, or for the position of 
delegate or delegates to the ensuing state, congressional, 
county, assembly, city or town,, ward or other conven¬ 
tion tas the case may be) of said political party, and 
that they request the said clerk to print upon the official 
primary" ballot of such political party the name of the 
person or persons therein, mentioned as the candidate or 
candidates for such nomination, or for the position of 
delegate or delegates to tbe said convention, as the case 
may be, and the names of persons nominated a,s candi¬ 
dates for office and names of person nomin,ated for the 
position of delegates may be contained in the same peti¬ 
tion ; said petition shall further state the residence and 
post-office address of ea,ch person so endorsed, and shall 
certify that thei person or persons so* endorsed is^ or are 
legally qualified under the laws of this state to be nomi¬ 
nated. or tO' act as delegate or delegates, asi the case may 
be; each of the said petitions shall be verified by the oath 
or affirmation of one or more of the signers thereof, taken 


Preparation 
of primary 
ballots. 


Petition ; 
what it is 
to contain. 
[Amended, 
P. L. 1906, 
p. 505.] 


Further 

statement. 




8 


Proviso. 


Proviso. 


Certificate of 
acceptance to 
accompany 
petition and 
the form 
thereof. 


and subiscribed before a person qualified under tbe laws 
of I^ew Jersey to administer an oath, to the effect that 
’such petition is signed in their own proper handwriting 
by each of the signers thereof; that such signers arei, to 
the best of the knowledge and belief of the affiant, legal 
voters of the said election district as stated in said peti¬ 
tion, and belong to the piolitical party named in said 
petition, and that such petition is pirepared and filed in 
absolute good faith for the sole purpose of endorsing the 
pier son or persons therein named, in order to secure his 
or their nomination or selection as stated in said peti¬ 
tion ; . promded, that in any election district where the 
total number of votes cast for the candidate of any politi¬ 
cal party for governor at the then next last preceding 
gnbernatorial election did not exceed twenty-five, the 
number of signers tO' any petition of endorsement be^ 
longing to any said political party need not exceed one; 
'[/rovided further^ that the signers! to any single petition 
shall not therein endorse and recommend more persons 
as candidates for the position of delegate or delegates 
than are to be chosen at the ensuing primary election in 
the election district in which the signers to said petition 
reside, nor shall said signers endorse more persons as can¬ 
didates for nomination to office than are to be elected in 
the election, district in which such sigmers reside; said 
petitions shall be filed with the municipal clerk not less 
than ten days prior to said primary election. 

5. Accompanying said petition each person endorsed 
therein shall file a certificatei, stating that he is quali¬ 
fied for the office or position, of delegate mentioneid in 
said petition; that he consents to stand as a Candida,te 
for nomination or for the position of delegate, as thei case 
may be, at the ensuing primary election^ and that if 
nominated, he agrees to acceipt the nomination, and if 
chosen a delegate, he agrees to act as such delegate.; ea,ch 
of said persons so endorsed for the position of delegate 
may further, if he so elects, name the person or persons 
who is or who are his choice for nomination for office at 
the ensuing political convention, and may request the 






0 


said clerk to print tlie name of snch person or persons 
opposite his o^vn name upon the official primary ballot 
in the colnmn prepared for that purpose, as in this act 
provided; the name of any person endorsed as aforesaid 
vdio shall fail to certify his consent and agreement as 
aforesaid shall not he printed npon the ballots to be used 
at snch primary election. 

6. In any county in this state the county or city com¬ 
mittee of any political party shall be hereafter elected 
at the primary election herein provided for, and the mem¬ 
bers of such county or city committee shall be elected by 
election districts at such primary elections in the manner 
provided in this act for the selection of party candidates 
to be voted for by the voters of a single ward or toAvnship; 
and the chairman of each county or city committee shall, 
on or before the first day of July in each year, file with 
the clerks of the several municipalities the number of 
committeemen to be elected to such county or city com¬ 
mittee in each year, as provided liy the constitution or 
by-laws of such committee. 

7. The said municipal clerk shall prepare and cause 
to be printed separate official l)allots, one ballot for each 
political party, members of Avhich have filed petitions as 
aforesaid, for use at such primary elections, placing 
thereon the names of the persons endorsed in said peti¬ 
tions ; the names of all persons endorsed as aforesaid 
by members of a political party, and no others, shall bo 
placed upon the official ballot of that party; the said 
names shall be arranged upon said ballots in alpha¬ 
betical order, except that Avhere several candidates for 
the position of delegate have named the same person or 
persons as their choice for nomination for office at the 
ensuing convention, the names of such candidates may 
be grouped together, being arranged in alpliabetical order 
in such group; upon the right-hand side of the ballot 
shall be a column, in Avhich shall be printed the words 

“Choice for --’’ (gOA^ernor, congress, sheriff, 

mayor, or as the case may be), in Avhich column, and 
underneath the Avords aforesaid, shall he printed the 


Election of 
county or 
municipal 
committees. 
[Amended, 
P. L. 1909, 
Chap. 106.] 


Ballots 
prepared by 
municipal 
clerk. 


Arrangement 
of names. 
[Amended, 

P. L. 1906, 
p. 507.] 






10 


Proviso. 


Distinctive 
party name. 


Instruction 
to voters. 


Number of 
delegates. 


name or names of the person or persons whom any can¬ 
didate for the position of delegate endorsed in any of 
said petitions may in his certificate request the munici¬ 
pal clerk to print upon the official primary ballot as his 
choice for nomination for office at the ensuing political 
convention; if the names of candidates for the position 
of delegates are grouped as herein provided, the said 
names may be bracketed, and the name or names of the 
persons mentioned as the choice of said candidates at 
the convention may be placed opjDOsite the bracket; 
provided, that the name of any person shall not be 

printed in the column headed ^^Choice for--— 

opposite the name of any candidate for the jiosition of 
delegate requesting the same to be so printed, if such 
person shall file a written protest with the said munici¬ 
pal clerk, requesting said clerk not to print his name 
opposite the name of the said candidate for the position 
of delegate. At the head of the ballot of each jiarty . 
shall be printed a distinctive party name or title., as, for 
example, ‘^Democratic Primary Ticket’’ or ^‘Pej)ublican 
Primary Ticket;” below, in appropriate jDlaces upon said 
ballots, shall be printed brief instructions to the voter, 
stating for how many candidates for each office, or for 
the position of delegate, the voter may vote, and stating 
that the voter must indicate his choice in each instance 
by erasing all names_ printed on said ticket, except the 
names of the candidates for whom he wishes to vote. 
The number of delegates to be elected in each election 
district by the voters of the respective political parties 
shall be as follows: For state conventions of the re¬ 
spective political parties there shall be one delegate for 
every two hundred votes cast by the political party for 
its candidate for governor at the gubernatorial election 
next preceding the primary election in question, and one 
delegate for each fraction thereof over one hundred; 
for all other conventions of the respective political par¬ 
ties there shall be one delegate for each one hundred ^ 
votes cast by the political party for its candidate for 
governor at the gubernatorial election next preceding 



11 


the primary election in question, and one delegate for 
each fraction thereof over forty; provided^ that each Proviso, 
election district shall he entitled to at least one delegate 
to each convention of each political party; but the dele¬ 
gate to any convention of a political party from any 
election district which at the then last preceding gmber- 
natorial election cast for the candidate of such party for 
governor less than the number of votes required by this 
section for one delegate, shall have in such convention 
such vote or fraction thereof as may be determined by 
the official party call of such party for such convention. 

It shall be the duty of the chairman of the county com- Notification 
mittee of each political party to notify the municipal of county' 
clerk on or before the first day of July of each year of 
the number of delegates for which the members of the 
political party represented by the said chairman shall be 
entitled to vote in each election district in such munici¬ 
pality. In estimating the number of delegates to which 
any political party is entitled in the primary election, 
the said chairman shall be governed by the official elec¬ 
tion returns as filed in the office of the secretary of 
state. It shall be laAvful for any 25erson who shall object objection to 
to the number of delegates to any political convention delegates, 
from any election district, as so fixed and determined, 
to make written application, duly verified, to the justice 
of the supreme court holding the circuit court in and 
for the said county, stating the facts of the case and the 
grounds of such objection, and requesting the said jus¬ 
tice tO' investigate and determine the matter according to 
lawq and if such justice shall be of opinion upon the facts 
stated that the ends of justice so require, he shall there- summary 
ui>on proceed in a summary way to hear the said appli- 
cation and make such order thereon as may be proper 
and just, which order of said justice shall be forthwith 
filed with the said municipal clerk, and such order shall, 
from the date of the filing thereof, be conclusive upon 
all parties, and shall according to its terms, modify, en¬ 
large or set aside whatever decision, if any, may have 
been made on such matter by said municipal clerk. 


Democratic Primary Ticket. 


Form of 
ballot. 


[Amended. 
P. L. 1907, 
p. 423.] 


8. Said 'ballots shall be made up and printed sub¬ 
stantially in the following form, to wit: 


Erase in the first col¬ 
umn the names of candi¬ 
dates for delegates to con¬ 
ventions and candidates 
for direct nominations ex¬ 
cept those for whom you 
wish to vote. ' Erase by 
drawing a single line with 
a black lead pencil hori¬ 
zontally across the name. 
Do not make any other 
mark on the ticket. 


Do not erase any names 
of the choice of such dele¬ 
gates for nominations by 
conventions which are in 
the second column. 


For Delegates to State 
Convention. 

(Vote for two.) 

John Doe 
Thomas Jones 
Henry Stone 
Jacob Smith 
James Thomas. 


Choice for Governor. 
Samuel Roe 
Frank Potts. 


For Delegates to Congres¬ 
sional Convention. 
(Vote for three.) 

John Abbott 
Frank Adams 
Charles Gordon 
Herman Keller 
Stephen Lewis 
John AVilliams 
Frank Young. 


Choice for Congress. 
George Dickinson 
George Livingston. 


13 


For Delegates to County 
Convention. 

(Vote for two.) 

Charles Adams 
Thomas Bacon 
Patrick Fay 
Frank Kane. 

For Delegates to City 
Convention. 

(Vote for three.) 

William Crane 
James English Choice for Mayor. 

Charles Garrison. Thomas Evans. 

For Member of Common Choice for Street and 
Council. AVater Commissioner. 

(Vote for one.) August Miller. 

Edward Hall. 

George Jackson 
Peter Eandall 
etc., etc., 

using so much of said fonn as may be applicable to the 
current election and extending the same to provide for 
cases not therein specified, and a like ballot shall be 
printed for all other political parties. 

0. All ballots shall be printed on plain white paper Ballots, how 
uniform in size and quality and type and of such thick- dorsld^’etc. 
ness tha,t the printing thereon cannot be distinguished 
from the back of the paper, and without any mark, de¬ 
vice or figure thereon except^ as in and by this act pro¬ 
vided ; on the back of such ballots shall be printed the 

words ^^Official Ballot of the-- Party for Primary 

Election, 190 ^after the designation of the year, 
which shall be in figures, shall follow the name of the 
election district of the municipality for which the bal¬ 
lot is provided, followed by a, fac-simile of the signature 
of the municipal clerk by whom the said ballot shall be 
printed. 


Choice for Surrogate. 
Charles Irving. 

Choice for Sheriff. 
Silas Jones. 



14 


Number of 

ballots 

furnisbed. 


Voting 
places, 
booths, etc., 
to be pro¬ 
vided by mu¬ 
nicipal 
clerks. 


Black lead 
pencils to be 
furnished. 


10. Said municipal clerk shall, prior to each primary 
election, at the time and as herein directed, provide 
and furnish for each existing political party, members 
of which have’filed petitions as aforesaid, for the use 
of the voters at such primary, for each election district 
in his respective municipality, ballots of the kind and 
description aforesaid, equal tO' double the number of 
Azotes cast by such political party at the then last preced¬ 
ing election for members of the general assembly held in 
such election district; Avhen an election district shall 
be divided or the boundaries thereof changed, or a new 
district created, the mimicipal clerk shall ascertain, as 
as nearly as may be possible, the number of voters in the 
new or re-arranged or divided district, and provide there¬ 
for a sufficient number of ballots in the above propor¬ 
tion ; no envelope shall be used at the primary 'election 
held pursuant to this act. 

11. At least tAventy days before any primary election 
shall be held under the provisions of this act, the 
clerks of the several municipalities of the state as may 
be proper, pursuant to this act, shall provide for and 
secure in each election district of their respective munici¬ 
palities, a suitable room in Avhich to hold the registry and 
the said primary election, and immediately on proiouring 
said room, such clerk shall notify the registry or poll 
clerk, or board of registry and elections of such voting 
district, that such room has been procured; and it shall 
be the duty of the clerk procuring such room to arrange 
the same for a polling-room, in the manner required by 
laAV for general elections, and to havci constructed therein 
and ready for use before the primary elections, booths 
and compartments of the kind, number and deiscription 
as are or may be. by law required to be provided at the 
annual election for members of the general assembly; 
black lead pencils shall be provided and placed in said 
booths or compiartments for use by the voter in prepar¬ 
ing his ballot to be voted, and no other kind of pencil 
shall be used for such purpose. 


15 


12. The said miTnicipal clerk shall, on the morning Delivery of 
of the day preceding any .primary election, wherefore baJJotioSl 
they are required by this act to pirovide ballots, cause 

to be delivered to the clerks of the board of registry therefor, 
and election of each election district within his munici¬ 
pality the ballots and the ballot-boxes provided for each 
election district, and to take a, receipt of each election 
clerk therefor, whicli last-mentioned receipt the clerk 
of such municipality shall file and preserve for the period 
of one year; said election clerks shall, on the morning 
of the primary election, before proclamation of the open¬ 
ing of the polls, deliver the ballots by them received 
to the election boards of their reispective election dis¬ 
tricts, with the seals thereof unbroken, and shall take 
receipts therefor from said election board, which said 
receipts said election clerks shall file with the municipal 
clerk, and the same shall be preserved for one year; said. One baiiot- 
municipal clerk shall provide a separate ballot-box for political 
each political party for each election district in his re- 
spective municipality; said ballot-boxes shall be each com- Raiiot-boxeis, 
posed of four glass sides., at least one foot wdde and one snucTed’ 
foot high, Avith a, Avood or ‘metal bottom, and top, and 
Avith an opening at the top through Avhicli the ballots 
shall be inserted into the box; any ballot-box Avhioh can 
legally be used at any general election for members of 
general assembly may be used at the prima.ry elections 
held pursuant to this act. 

13. The boards of registry and election appointed by 
the county boards of registry to conduct the registry 
under the act to Avhich this act is a supplement, and the 
poll clerks appointed by such boards of registry and elec¬ 
tion, shall, in their respective election districts, hold and 
conduct the primary election herein provided for. Such 
primary elections shall be held annually on the fourth 
Tuesday in September preceding the annual election for 
members of assembly, except that in each year Avhen a 
gOA^emor is to be elected said primary elections shall be 
held on the second Tuesday of September, and shall, as 
nearly as may be, except as herein proAuded, be in all 
respects held and conducted as elections for members of 







IG 


the general assembly are lield and condncted. The two 
members of siicli board appointed from the political party 
which at the last preceding general election cast the 
largest nnmber of votes in their county shall conduct the 
primary election of such party, having sole charge of the 
ballot-boxes of said party, and delivering, receiving and 
depositing the official ballots voted by members of such 
party, and having the sole right to challenge the voters 
oifering to vote the ticket of such party as in this act 
provided; and the members of said board appointed from 
the political party casting the next largest number of 
votes in said county at said election shall, in like manner, 
conduct the primary election of such political party. All 
of the members of said board of registry and election 
shall conduct the primary election of any other political 
party holding a primary election under this act, and shall 
also ascertain and certify to the result of the primary 
election of all political parties holding primary elections 
under this act in the manner herein provided in section 
fifteen; provided, that before proceeding with such elec¬ 
tion each of the four members of the board of registry 
and election shall take and subscribe an oath, to be ad¬ 
ministered by any duly qualified person, or by one mem¬ 
ber of the: board to the others, that they and each of them 
will, to the best of his understanding and ability, conduct 
such primary election honestly and in accordance with 
law; that they will challenge, in the manner provided in 
this act, the vote of any person offering to vote at such 
election whom they believe not entitled to vote thereat, 
and that they will also challenge the vote of any person at 
such election offering to vote in the ballot-box of one 
existing political party whom they believe, or have reason 
to believe, tO' belong to another existing political party, 
and that they will refuse to receive the vote of such per¬ 
son, in case such vote is challenged, until he shall have 
taken an oath or affirmation, to be administered by a 
member of the board, in the form prescribed in section 
seventy-four (74) of the act to which this act is a. further 
supplement, and also in the following form: 


17 


^011 do solemnly swear (or affirm) that yon are a 

member of the —---— political party (specifying 

the political party to which the affiant claims to helong) ; 
that at the last election for members of the general 
assembly at which yon voted yon voted for a majority 
of the candidates of said party whose names were printed 
on the ticket of said party, and that yon intend to support 
the candidates of said party at the ensning election/’ In 
the case of voters voting for the first time in this state 
the portion of said oath or affimiation in relation to 
voting at any previous election shall be dispensed with; 
and if the person so challenged shall refuse to take the 
oath or affirmation so tendered to him he shall be deemed 
not to be qualified or entitled to vote at such primary 
election. Any person making such oath or affirmation 
falsely shall be guilty of perjury. Any voter who shall 
be shown by the primary book hereinafter provided to* 
have voted in the ballot-box of one political party at any 
primary election held under this act shall not be allowed 
to vote in the ballot-box of any other political party at 
the next thereafter succeeding primary election. In ad¬ 
dition to the registry lists hereinbefore provided, there 
shall also be kept two books or lists, one for each political 
party, which shall be called and labeled Republican Pri¬ 
mary Book, and Democratic Primary Book, or as the 
case may be; the board of registry and elections shall 
cause the name of each voter at said primary to be written 
in ink, in the primary book of the party in whose ballot- 
box his vote is deposited; each of these primary books 
shall be signed by the members of the board of registry 
and elections and delivered by said board to the clerk of 
the mnniciioality at the time of the delivery of the ballot- 
boxes; said primary books shall be kept by said clerk 
until the ensning primary election, and then delivered 
by him to the board of registry and elections for use at 
such ensuing election. At any primary election the mem¬ 
bers of the board conducting the primary election for 
each political party shall refuse to receive the vote of any 
voter offering to vote in the ballot-box of their political 
party, if the name of such voter appears in the primary 



18 


Registration 
of voters. 


Manner of 
registering 
and voting. 


book of the other political party as made up at the next 
previous primary election. The said primary hooks shall 
be kept by the municipal clerk subject to public inspec¬ 
tion, and any voter whose name appears therein may 
apply to the judge holding the circuit court for his 
county, at any time prior to the next primary election, 
to have his name stricken from said book; and said judge 
shall have power to hear said application in a summary 
way, at such time and upon such notice to such persons 
as he may prescribe, and if satisfied that the applying 
voter’s name has been improperly placed on said primary 
book, said judge may make an order directing the munici¬ 
pal clerk to erase said name from said primary book, and 
said clerk shall thereupon erase the same. At said pri¬ 
mary election the polls shall be open at one o’clock in the 
afternoon and close at nine o’clock in the evening. I^otice 
of the time and place of holding such primary elections 
shall be given by the poll clerks by five or more advertise¬ 
ments posted at conspicuous places in the election district 
at least ten days before such primary elections. 

14. The said board of registry and election shall, 
prior tO' or at and during said primary election, in the 
manner provided by law, register the name of every 
person who is legally qualified to vote at the ensuing 
general election for members of general assembly, and 
all person so registered shall be entitled to vote at such 
primary election, unless if challenged they shall refuse 
to take the oath or affirmation as in this act provided; no 
person shall be allowed to* vote at any prima.ry election 
unless his name shall appear upon the registry-list for 
the election district where he offers to vote, as made up 
at the time of opening the polls for such primary election, 
or unless his name shall be placed thereon before he casts 
his vote; each voter on entering the polling-room shall 
register for the ensuing general election, if qualified to 
do so, unless his name shall be already registered, and 
after such registry shall ask the board of election for the 
party primary ticket he desires to vote, and thereupon 
shall receive one ticket of the kind demanded; the said 
voter shall retire with said ticket to one of the booths or 


19 


eompartnients, and tlieTein with black pencil erase the 
names of all persons on said ballot excepit those for 
whom he desires to vote; nodiing herein shall prevent 
any voter from voting for any person whose name is not 
on his party ticket by writing the same thereon; while 
in the booth or compartment he shall fold the ballot so as 
to exi:^se the endorsement on the back thereof, and on 
emerging from the booth shall proceed directly tO' the 
ballot-box of his political party, and there deliver his 
ballot, folded as aforesaid, to the proper member of the 
board of election, who shall forthwith, in the presence of 
the voter, deposit the same in the ballot-box provided 
for the political party of such voter, unless challenged or 
disqualified as provided in section thirteen (13) ; should 
any voter to wdiom an official ballot has been furnished 
spoil or render the same unfit for use, he may obtain 
another from the board of election on returning the one 
so spoiled or unfitted for use, but no more than three 
official ballots, one at a time, shall be furnished to' any 
voter at any primary election; if any voter shall make 
oath or affirmation that he is unable tO' read and write, 
and shall request the assistance of the board O'f registry 
and election in preparing his ballot, the said board shall 
designate one of their number to retire with said voter 
to the booth and assist him in preparing his ballot. 

15. x\t the close of the primary election, the: board 
of registry and election shall forthwith proceed to can¬ 
vass and count the votes cast at such election, proceeding 
in the manner indicated by the statement hereinafter 
in this section provided for, and as nearly as may be 
in the manner required by law; the said boards of elec¬ 
tion shall, at the conclusion of such canvass, make up 
and sign a statement of the result of such election, which 
statement they shall, as soon as may be, transmit to' the 
clerk of the municipality within which the said pirimary 
election is held ; said statement shall, in; words at length, 
shoAV the entire number of votes cast at snch election, the 
Avhole number of ballots rejected, the whole number of 
ballots cast for each party as indicated by the party 
names at the head of the respective party tickets:, and the 


Wien voter 
may be 
assisted in 
preparing 
ballot. 


Canvassing 
the votes. 


Statement 
of election. 



20 


Form of 
statement. 


Certificate 
added to 
statement. 


number of votes received by each person as a candidate 
for nomination for office, or for the position of delegate; 
such statement shall be in the following or like form: 

Statement of the result of a primary election held in 
the election district of the 

(municipality) in the county of and state 

of 'New Jersey, on the day of 

190 : 

At said election the total number 

of votes cast was: 

The total number of democratic ballots cast was: 

The total number of republican ballots cast was: 

The total number of citizens’ reform ballots cast was: 

The total number of democratic ballots rejected was: 

The total number of republican ballots rejected was: 

The total number of citizens’ reform ballots rejected 
was: 

For candidates of the democratic party for the position 
of delegate to the democratic state convention: 

John Doe received votes; 

Eichard Doe received votes; 

Thomas Jones received votes. 

For democratic candidate for delegate to the demo¬ 
cratic congressional convention of the-con¬ 

gressional district: 


A-B-recieived votes; 

C —-D-received votes. 


Fo'r democratic candidate for delegate to the demo¬ 
cratic county convention of the county of- 

--— received votes; 

—-received votes. 

For deanocratic candidate for member of the common 
council 

-received votes. 

And in like form for all parties having candidates voted 
for at such election. To such statement shall be! added 
a certiticate in the following form: 

W& certify the foregoing to be a true and correct state¬ 
ment of the result of the primary elections held in such 
district at the time above stated; that the same truly and 













21 


coirectly exhibits the entire number of votes cast for each 
political party at such election^ the whole number of bal¬ 
lots rejected and the number of said ballots rejected be¬ 
longing to each party respectively; also the number of 
votes received by any person to be a candidate of any 
paity for any office, or for the position of delegate, named 
on any ballot or ballots cast at such election. 

Ill witness whereof^ we have hereunto set our hands 
<^^^7 of j one thousand nine 

hundred and 

.) Board of 

.* > Kegistry and 

.) Election. 


16. The persons receiving the highest number of votes 
for the position of delegate to any convention on any 
ticket of any political party at such primary election, to 
the extent of the number of delegates which the respective 
election districts are entitled to send to the said conven¬ 
tion, shall be the duly-elected delegates tO' such conven¬ 
tion, and said persons and no others shall be entitled tO' 
sit in the said convention as delegates as aforesaid, sub¬ 
ject to the right of the said convention to be the judge of 
the qualifications of its own members in the case of a con¬ 
test. The time and place of holding such conventions 
shall be determined by the state, congressional, county or 
other proper committee of the respective political parties, 
but shall in all cases be after the holding of the primary 
election as herein provided. In the event that by reason 
of tie voting more candidates shall receive a sufficient 
number of votes to entitle , them tO'be elected as delegates 
than the number of delegates the election district is, enti¬ 
tled to send to the convention, the additional candidates 
so voted for shall be considered as chosen delegates to 
said convention, but in such convention they shall be 
entitled only to the appropriate fraction of a vote; that 
is to say, if an election district shall be entitled to send 
three delegates to a convention, and two candidates re¬ 
ceive, respectively, the highest and the next highest num¬ 
ber of votes, and the three candidates receiving the next 


Who elected 
delegates. 
[Amended, 
P. L. 1906, 
p. 509.] 


Time and 
place of 
convention. 


If tie vote. 





22 


Credentials, 


Selection of 
candidates in 
wards and 
townships. 


Vacancies. 


highest number of votes shall each receive the same num¬ 
ber of votes, the said three candidates shall also be elected 
delegates to the convention, but shall be entitled to only 
one-third of a vote each therein. The said municipal 
clerk shall deliver a certificate showing the result of said 
election to each of the persons ascertained as aforesaid to 
be successful candidates, which certificates shall be the 
credentials of the said delegates at the ensuing conven¬ 
tions of the respective parties. 

17. The municipal clerk shall send to the county clerk 
of his county a certificate showing the person in each 
political party receiving the highest number of votes for 
any ofiice for which the candidate is to he voted for at 
the general election only in a single ward or township, 
and such person shall be the candidate of his political 
party at the ensuing election, and the county clerk shall 
cause his name to be printed as such candidate upon the 
official ballot of his party; in the event of a failure to 
select such candidate for any political party by reason of 
two or more persons receiving the highest and the same 
number of votes, the proper committee of the said politi¬ 
cal party shall select from the said candidates one to be 
the party candidate for the office in question, and file a 
statement of such selection with the municipal clerk, and 
the person so selected shall be the candidate of the party 
at the ensuing election; in the event of a failure of the 
said committee to make such selection, the municipal 
clerk shall make the selection from the persons- receiving 
said highest and the same number of votes; in the event 
that any candidate chosen at a primary election for any 
office, the candidates for which are to be voted for only 
by the voters of a single ward or township, shall die, or 
remove from the ward, township or borough, or decline 
to run as a candidate, before the ensuing election, the 
proper committee of the party to which the person so 
declining or dying belongs shall have the power to fill 
said vacancy by filing a new nomination with the proper 
municipal clerk; notice of the selection as aforesaid shall 
be given by the municipal clerk to the county clerk. 


18. Whenever it shall appear that any error or omis¬ 
sion has occurred in the printing of the ballots, for any 
primary election, by any mimicipal clerk, any voter resi¬ 
dent in any election district affected by such error or 
omission may present to the justice of the supreme court 
holding the circuit court in and for the county contain* 
ing said election district a verified statement setting 
forth such error or omission, and such justice, being sat¬ 
isfied thereof, shall thereupon summarily, by his order, 
require the municipal clerk to correct such error and 
omission, or show cause why such error and omission 
should not be corrected. 

19. Should any person endorsed in any petition as a 
candidate to be voted for at any primary election die 
before such election, or in writing filed with the munici¬ 
pal clerk seven days before the primary election decline 
to stand as a candidate, the vacancy or vacancies thu^' 
caused shall be filled by a majority of the persons sign¬ 
ing the petition in and by which the person so dying or 
declining was endorsed, filing with the municipal clerk a 
new petition setting forth the name of the person declin¬ 
ing or dying, the oifice for nomination to which or the 
position of delegate for which he was endorsed and the 
name of the person to be substituted; the said petition 
shall he verified by three of the signers; the said new 
petition shall have the same force and effect as the origi¬ 
nal petition, and the name of the person so substituted 
shall he printed upon the ballots in the place and stead 
of the person dying, or declining as aforesaid. 

20. In the event that any person so elected a delegate 
as aforesaid to any convention shall, after such election 
and before the meeting of such convention, die, or in 
writing addressed to the chairman of said convention 
shall decline to act as such delegate, his place as such 
delegate shall be filled by a majority vote of the other 
delegates selected from the election district in which the 
person so dying or resigning was elected. • 

21. 'No member of one political party shall sign his 
name to any petition purporting to endorse any person 
as a candidate for delegate to the convention of another 


Correction 
of errors 
in ballots. 


Procedure 

where 

candidate or 
delegate dies 
or declines. 


Vacancies 
among 
delegates. 
[Amended. 
P. L. 1906, 
p. 510.] 


Member of 
one party 
not to peti¬ 
tion or vote 
in box of 
another. 


24 


Penalty. 


When ballots 
not oflScial 
may be used. 


Registration 
before voting 
required. 


political party, or as a candidate for office of another 
political party, nor shall any member of one political 
party vote in the ballot-box used for the primary elec¬ 
tion of another political party; any person who, being 
a member of one political party, shall sign his name to 
any petition endorsing any person as a candidate for 
delegate to the convention of another existing political 
party, or as a candidate for office of another political 
party, or any person who, being a member of one politi¬ 
cal party, shall vote in the ballot-box used for the pri¬ 
mary election of another political party, shall in each 
case be guilty of a misdemeanor, and, on conviction, 
shall be pnnished by a fine not exceeding five hundred 
dollars, or be imprisoned not exceeding two years, or 
both, at the discretion of the court. 

22. If at any primary election the ballots for any 
political party to be furnished therefor as hereinbefore 
provided shall not be delivered at the time above men¬ 
tioned, or if after delivery they shall be destroyed or 
stolen, and other official ballots cannot be obtained in 
time for such primary election, it shall be the duty of 
such municipal clerk, or the clerk of the board of elec¬ 
tion, as the case may be, to cause other ballots to be 
printed as nearly in the form prescribed by this act as 
practicable, .but without the endorsement on the back 
thereof, which ballots so substituted shall be used at such 
primary elections; if from any cause neither the official 
ballot or ballots otherwise prepared as hereinbefore de¬ 
scribed shall be ready for distribution at any polling- 
place, or if the supply of ballots for any political party 
shall be exhausted before the polls are closed, unofficial 
ballots, made as nearly as |)ossible in the form of official 
ballots, shall be used; where the use of official ballots is 
for any of the reasons aforesaid dispensed with, the 
mode and manner of voting shall, nevertheless, in all re¬ 
spects conform as nearly as possible to the directions 
and requirements of this act. 

23. No person shall vote at any primary election un¬ 
less his name shall appear on the registry of voters made 
in the election district where he offers his vote, or un- 


25 

less his name shall be placed thereon before he casts his 
vote; any person soi voting shall l>e^ pnnished as now 
provided by law for illegal voting. 

24. ^^othing in this act contained shall apply tO' or 
in anywise affect any election hereafter to be held in 
this state upon any day other than the day of the gen¬ 
eral election for niembers of the general assembly. 

25. The chairman of the county committee of each 
political party in each county of the state may appoint 
two agents for each election district in his county; such 
agents shall' be the authorized agents and challengers of 
their respective parties at the primary elections held 
under this act, and shall be at liberty to challenge the 
right of any person to vote thereat; the appointment of 
agents may be made in writing under the hand of the 
respective county chairmen, and shall specify the names 
and residences of the agents, and the election districts 
for which they are severally appointed; such appoint¬ 
ment papers shall be filed with the respective boards of 
election in the districts named therein as evidence of 
the authority of such agents, to be. present in the polling- 
place; said agents may be present inside the railed en¬ 
closure while the votes cast at the primary are being 
cast and counted, and hear and see said ballots counted 
(and every person whose name shall be printed upon the 
ofiicial primary ballot shall also have the rights and 
privileges of a challenger as hereinbefore provided), and 
every person whose name shall be printed upon the 
official primary ballot, and who is to. be voted for through¬ 
out the county, shall have the right to act as. a challenger, 
and also to appoint in writing two agents for each elec¬ 
tion district in his county, and said agents shall have the 
rights and privileges of an agent and challenger, as pro¬ 
vided in this section. 

26. [This section amends section 15 ante, which see.] 

27. [This section amends section 20 ante, which see.] 

28. [This section amends section 21 ante, which see.] 

29. [This section amends section 23 ante, which see.] 

30. [This section amends section 60 ante, which see.] 

31. Section one hundred and seventy-eight (178) of 


To what 
elections 
this act Is 
applicable. 


Challengers, 
[Amended, 
P. L. 1908, 
p. 185.] 


Candidates 
as chal¬ 
lengers. 






26 


Compensa¬ 
tion of 
members of 
registry and 
election 
boards. 
[Amended, 

P. L. 1899, , 

p. 13 ; P. L. 
1901, p. 258; 
P. L. 1903, 
p. 628 : P. L. 
1903, p. 

711.] 


Repealer. 


the act to which this act is a further supplement is 
amended so as to read as follows: 

178. The compensation of each member of the boards 
of registry and election for all services performed by 
them under the provisions of this act shall be as follows :. 
In cities having a, population exceeding thirty thousand, 
for the first registry day, including services rendered at 
the primary election, ten dollars ($10), and for each 
other registry day five dollars ($5), and for the elec¬ 
tion day, including the counting of the votes and the de¬ 
livery of the returns and ballot-box with contents to the 
municipal clerk, ten dollars ($10), which compensation 
shall be the same for both the general election and the 
municipal election; and in all other cities, townships 
and other municipalities the compensation of each mem¬ 
ber for all such services in connection with any local or 
primary or charter election shall be, for the primary 
election day, five dollars ($5) ; for each registry day, 
three dollars ($3),; and for the election day, including 
the counting of the votes and delivery of the returns and 
the ballot-box, seven dollars ($7), and for all such ser¬ 
vices in connection w^ith the general election or any 
special election held in and for the whole county such 
compensation shall be fifteen dollars ($15) in districts 
where the number of registered voters is> not more than 
one hundred and fifty (150), twenty dollars ($20) in 
districts where the number of registered voters is more 
than one hundred and fifty (150) and not more than 
three hundred (300), and twenty-five dollars ($25) in 
districts where the number of registered voters, is more 
than three hundred (300), said sums to be paid by the 
county collector, and to be: in lieu of all other' fees and 
charges whatsoever.(a) 

32. Section tw^o hundred and sixteen (216) of the act 
to which this act is a fuilher supplement is hereby re¬ 
pealed. 

(a) This act was approved April 14, 1903. The amendment con¬ 
tained in section 3 78 ante was approved April 15, 1903. Query —Do 
not both of these amendments stand? Is there anything in the amend¬ 
ment of April 34 repealed by the amendment of April 15? This section 
was repealed by Chapter 40, Laws of 1908. 


27 


33. The following sections of the act to which this act 
is a further supplement shall apply, as far as may he, to 
the primary elections held pursuant to this act: Sections 
thirty-three (33), thirty-four (34), thirty-five (35), 
thirty-six (36), forty-eight (48), fifty-three (53), fifty- 
five (55), fifty-six (56), fifty-seven (57), fifty-eight 
(58), fifty-nine (59), sixty-two (62), sixty-three (63), 
sixty-five (65), sixty-six (66), sixty-eight (68) to sev¬ 
enty-nine (79) (both inclusive), eighty-one (81), eighty- 
two (82), eighty-three (83), eighty-four (84), eighty-six 
(86) to ninety-two (92) (both inclusive), ninety-eight 
(98), ninety-nine (99), one hundred (100), one hundred 
and fifty-nine (159), one hundred and sixty (160), one 
hundred and sixty-one (161), one hundred and seventy- 
nine (179), one hundred and eighty (180), one hundred 
and eighty-six (186), one hundred and eighty-seven 
(187), one hundred and eighty-eight (188), one hun¬ 
dred and ninety (190), one hundred and ninety-one 
(191), one hundred and ninety-three (193) to two hun¬ 
dred and thirteen (213) (both inclusive), two hundred 
and fourteen (214), two hundred and fifteen (215), two 
hundred and seventeen (217), two hundred and eighteen 
(218) and two hundred and nineteen (219). 

34. All acts and parts of acts which in any^vise con¬ 
flict with the provisions of this act are hereby repealed, 
and this act shall take effect immediately. 


Sections of 
election law 
applicable to 
primary 
elections. 
[Amended, 

P. L. 1908, 
p. 635.] 


Repealer. 







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